New York policeman involved in fatal 'chokehold' arrest stripped of badge

Officer Daniel Pantaleo, an eight-year NYPD veteran, and an officer who has been with the force for four years taken off the street after man dies in custody following arrest using 'chokehold'

Camera captures man's death during New York arrestPhoto: YOUTUBE

AP

5:49AM BST 20 Jul 2014

A New York City police officer involved in the arrest of a man who died in custody after being placed in an apparent chokehold has been stripped of his gun and badge and placed on desk duty, police said on Saturday.

Officer Daniel Pantaleo, an eight-year NYPD veteran, and an officer who has been with the force for four years were both taken off the street after the death on Thursday of 43-year-old Eric Garner on Staten Island, a borough south of Manhattan, police said.

The department would not identify the second officer but said he would retain his gun and badge while on desk duty. The reassignment is effective immediately and will remain in effect while Mr Garner's death is being investigated, police said.

The president of the Patrolmen's Benevolent Association, the city's largest police union, called Mr Pantaleo's reassignment "completely unwarranted."

The decision, Patrick Lynch said in a statement, "effectively prejudges" the case and denies Mr Pantaleo the "very benefit of a doubt that has long been part of the social contract that allows police officers to face the risks of this difficult and complex job."

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The department disclosed Pantaleo's reassignment hours after Mr Garner's wife, Esaw, burst into tears at a rally in Manhattan's Harlem neighbourhood, where civil rights activist Rev. Al Sharpton said his death could strain the black community's relationship with the police department.

"This is going to be a real test to see where policies are in the city now and whether the change that we feel occurred has occurred," Rev. Sharpton said, referring to promises made by Mayor Bill de Blasio and Bratton to improve the relationship between officers and the city's minority communities.

The NYPD has faced criticism and legal challenges over its use of the stop and frisk tactic, which allows officers to stop anyone they suspect is about to commit a crime or has committed a crime. There has also been an outcry over the NPYD's extensive surveillance of Muslims disclosed in stories by The Associated Press.

Former Mayor Michael Bloomberg vehemently defended both the surveillance and stop and frisk as legal and vital public safety tools.

Partial video of the encounter obtained by the New York Daily News shows the 6-foot-3, 350-pound (1.9-meter, 159-kilogram) Mr Garner becoming irate and refusing to be handcuffed as officers tried to arrest him on suspicion of selling untaxed, loose cigarettes on a sidewalk.

The video then shows one of the officers placing Mr Garner in what Police Commissioner William Bratton said on Friday appeared to be a chokehold. The tactic, which can be fatal, is prohibited by departmental policy.

In the video of the arrest, Mr Garner, who has been arrested for selling illegal cigarettes numerous times in recent years, says he hasn't done anything wrong.

"Every time you see me, you want to mess with me. I'm tired of it. It stops today," Mr Garner shouts. "I'm minding my business. Please just leave me alone."

As four officers bring him down, Mr Garner is heard gasping, "I can't breathe! I can't breathe!" The video shows one officer using his hands to push Mr Garner's face into the sidewalk.

Prosecutors and internal affairs detectives are investigating the death of the father of six and grandfather of two; authorities believe he suffered a heart attack. Mr De Blasio has called the circumstances of his death "very troubling."

More tests are needed to determine the exact cause and manner of Mr Garner's death, a spokeswoman for the medical examiner's office said.

The mayor's commissioner for community affairs attended the rally and stressed the administration's commitment to strengthening police and community relations.